RegSol Blog

Facebook launches High Court challenge to Data Protection Commission's order to suspend EU-US data transfers

October 2020

Regulatory theory is often a balancing act between advocates of regulating by a credible threat of enforcement to ensure changes in behaviour and those who believe that building trust and positive engagement with regulated entities will foster compliance.

The Central Bank of Ireland is active in delivering fines and settlement agreements, but fines alone do not change behaviour. Our Data Protection Commissioner, Helen Dixon during a recent podcast with Heather Sussen at Orrick enthused that regulatory engagement is about building trust and shared values.

This comes as tech giant Facebook battles the Data Protection Commission for the right to transfer our personal data to the United States and continue to rely on Standard Contractual Clauses. This of course refers to the demise of the US Privacy shield previously discussed on our blog site in August available HERE.

Without the US Privacy Shield and Standard Contractual Clauses to rely on, firms may have to seek alternative means of storing and accessing personal data. It remains to be seen if the “carrot or stick” approach encourages them to act.

By Judy de Castro
Regulatory Consultant